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New YorkFamily LawLSC-Grade

New York Child Custody Packet

Free legal self-help guide for New York residents. This packet provides LSC-grade legal information to help you understand your rights and navigate the court system.

title: "New York Child Custody - Complete LSC Packet with Forms"

state: "NY"

date: "2026-03-20"

price: "$67"

New York Child Custody Packet

Jurisdiction-correct document templates. Not legal advice.

ELIGIBILITY CHECKLIST

  • [ ] You are a parent, legal guardian, or person standing in place of a parent
  • [ ] The child lives in New York or has lived in New York within the last 6 months
  • [ ] You want to establish, modify, or enforce a custody order
  • [ ] You are NOT involved in a child protective case with ACS/DCF
  • [ ] New York is the child's "home state" — child lived here with a parent for at least 6 consecutive months before filing
  • [ ] No other state currently has jurisdiction, OR New York has the most significant connections
  • [ ] You are NOT seeking to terminate parental rights
  • [ ] The child has NOT been removed by Child Protective Services (ACS in NYC, DCF elsewhere)
  • [ ] There is NO active child protective/neglect case in Family Court
  • [ ] Another state has NOT already entered a custody order (unless NY now has jurisdiction)

File at: New York court finder: https://www.nycourts.gov/courts/

FILING STEPS

  1. Complete FORM 1 (Petition for Custody/Visitation).
  2. Complete FORM 2 (Affidavit in Support) — optional but recommended.
  3. Prepare a Proposed Parenting Plan.
  4. Make 3 copies of all documents (original + 2 copies).
  5. Go to the Family Court in the county where the child lives.
  6. File with the Clerk's Office and pay the filing fee ($210 in most counties).
  7. If you cannot afford the fee, ask for a Fee Waiver Application (Form 203).
  8. Get your filed copies back — note your Docket Number.
  9. Arrange for service on the other parent (you cannot serve papers yourself).
  10. Service options: Sheriff/Marshal (~$35–50), process server ($50–150), friend/family 18+ (free), or certified mail (~$10).
  • Legal Services of the Hudson Valley: lshv.org · 1-877-574-8529
  • Legal Aid Society of NYC: legal-aid.org · (212) 577-3300
  • NY Courts Self-Help: nycourts.gov/selfhelp · (212) 428-2104
  • Legal Services NYC: legalservicesnyc.org · (212) 431-7200

FORM 1: CUSTODY/VISITATION PETITION — BLANK TEMPLATE

> INSTRUCTIONS: Type or print neatly in black ink. Replace bracketed text [LIKE THIS] with your information. Get official forms at nycourts.gov.

`

___________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY NAME]

___________________________________________

[YOUR FULL LEGAL NAME],

Petitioner,

v.

[OTHER PARENT'S FULL NAME],

Respondent.

Docket No. _______________

___________________________________________

PETITION FOR CUSTODY/VISITATION

___________________________________________

TO THE HONORABLE FAMILY COURT:

I, [YOUR FULL LEGAL NAME], being duly sworn, depose and say:

  1. PETITIONER INFORMATION:

Full Name: [YOUR FULL NAME]

Date of Birth: [DOB]

Address: [YOUR STREET ADDRESS]

[CITY], NY [ZIP CODE]

Phone: [YOUR PHONE]

Relationship to Child(ren): [PARENT / GUARDIAN / OTHER]

  1. RESPONDENT INFORMATION:

Full Name: [OTHER PARENT'S FULL NAME]

Address: [OTHER PARENT'S ADDRESS]

[CITY], [STATE] [ZIP CODE]

Phone: [IF KNOWN]

  1. CHILD(REN) INFORMATION:
Child's Full NameDate of BirthAgeLives With
[CHILD 1 NAME][DOB][AGE][PARENT NAME]
[CHILD 2 NAME][DOB][AGE][PARENT NAME]
  1. JURISDICTION:

[ ] The child(ren) has/have lived in New York State for the past 6 months.

[ ] No other custody proceeding is pending in any other court.

[ ] New York is the child(ren)'s home state.

  1. CURRENT CUSTODY SITUATION:

[ ] There is no existing custody order.

[ ] There is an existing custody order from [COURT] dated [DATE].

[ ] The child(ren) currently reside(s) with [NAME] at [ADDRESS].

  1. REQUEST FOR CUSTODY:

A. PHYSICAL/RESIDENTIAL CUSTODY:

[ ] I request sole physical custody.

[ ] I request joint physical custody.

[ ] I request that [OTHER PARENT] have physical custody.

B. LEGAL CUSTODY (DECISION-MAKING):

[ ] I request sole legal custody.

[ ] I request joint legal custody with [OTHER PARENT].

C. PARENTING TIME/VISITATION:

[ ] I request parenting time as follows:

[ ] Every other weekend (Friday to Sunday)

[ ] One weeknight per week: [DAY] from [TIME] to [TIME]

[ ] Half of all school holidays

[ ] [X] weeks of summer vacation

[ ] Other: [DESCRIBE]

  1. REASONS FOR REQUEST:

This custody arrangement is in the best interests of the child(ren) because:

[ ] I have been the primary caregiver

[ ] I provide a stable home environment

[ ] The child(ren) are doing well in their current school

[ ] I encourage a relationship with the other parent

[ ] There is no history of abuse or neglect

[ ] Other: [EXPLAIN]

  1. PRIOR COURT PROCEEDINGS:

[ ] There are no prior court proceedings involving these children.

[ ] There is/are prior proceeding(s) in [COURT], Case No. [NUMBER]

[ ] There is an order of protection: Yes [ ] No [ ]

WHEREFORE, I respectfully request that this Court:

A. Award custody of the child(ren) as requested above;

B. Establish a parenting time/visitation schedule;

C. Order such other relief as the Court deems just and proper.

___________________________________________

VERIFICATION

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [YOUR FULL NAME], affirm that the foregoing is true to the best of my

knowledge and belief. I understand that false statements are punishable

under Penal Law § 210.45.

Date: _____________________ _______________________________

[YOUR SIGNATURE]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

___________________________________________

`

FORM 2: AFFIDAVIT IN SUPPORT — BLANK TEMPLATE

> INSTRUCTIONS: Use this to provide additional facts supporting your custody request.

`

___________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

___________________________________________

[PETITIONER NAME],

Petitioner,

v.

[RESPONDENT NAME],

Respondent.

Docket No. _______________

___________________________________________

AFFIDAVIT IN SUPPORT

___________________________________________

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [YOUR FULL NAME], being duly sworn, depose and say:

  1. I am the Petitioner in this custody proceeding.
  1. I have personal knowledge of the facts stated herein.
  1. The following facts support my request for custody:

[DESCRIBE IN YOUR OWN WORDS WHY YOU SHOULD HAVE CUSTODY.

INCLUDE SPECIFIC EXAMPLES AND DATES WHEN POSSIBLE.

SOME THINGS TO INCLUDE:]

  • Your role as primary caregiver (who takes child to doctor, school, etc.)
  • Your work schedule and availability
  • The child's current routine and adjustment
  • The other parent's involvement (or lack thereof)
  • Any concerns about the other parent's ability to care for the child
  • Any history of domestic violence, substance abuse, or neglect
  • The child's wishes (if old enough to express preference)
  1. I request that the Court grant the relief requested in my Petition.

___________________________________________

Date: _____________________ _______________________________

[YOUR SIGNATURE]

[YOUR PRINTED NAME]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

___________________________________________

`

FORM 3: AFFIDAVIT OF SERVICE — BLANK TEMPLATE

> INSTRUCTIONS: The server (NOT you) must complete this form after serving the other parent.

`

___________________________________________

IN THE FAMILY COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

___________________________________________

[PETITIONER NAME],

Petitioner,

v.

[RESPONDENT NAME],

Respondent.

Docket No. _______________

___________________________________________

AFFIDAVIT OF SERVICE

___________________________________________

STATE OF NEW YORK )

) ss.

COUNTY OF [COUNTY] )

I, [SERVER'S FULL NAME], being duly sworn, depose and say:

  1. I am over 18 years of age and am NOT a party to this action.
  1. My address is:

[SERVER'S ADDRESS]

[CITY], NY [ZIP CODE]

  1. On [DATE] at [TIME], I served the following documents on:

[RESPONDENT'S FULL NAME]

[RESPONDENT'S ADDRESS]

[CITY], NY [ZIP CODE]

Documents served:

[ ] Petition for Custody/Visitation

[ ] Summons

[ ] Notice of Court Date

[ ] Other: _______________________________

  1. Method of service:

[ ] Personal delivery (handed directly to respondent)

[ ] Left at respondent's residence with a person of suitable age

[ ] Other: _______________________________

  1. Description of person served:

Sex: [ ] Male [ ] Female

Approximate age: ______

Hair color: _______________

Other identifying features: _______________________________

  1. I declare under penalty of perjury that the foregoing is true and correct.

___________________________________________

Date: _____________________ _______________________________

[SERVER'S SIGNATURE]

[SERVER'S PRINTED NAME]

Sworn to before me this _____ day of _______________, 20___

_______________________________

Notary Public

___________________________________________

`

*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.

Verify current law before filing. For legal advice contact a licensed New York attorney or legal aid. jurist-diction.com*

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